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2026 DAILYLAW 11544 (ALL)

RAJEEV v. STATE OF U.P. AND ANOTHER

NA528/40214/2026 · 2026-09-28

Chawan Prakash

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 40214 of 2026 Court No. - 83 HON'BLE CHAWAN PRAKASH, J. 1. Heard Mr. Lalit Prakash Gangwar, learned Counsel for the applicant as well as learned A.G.A. for the State and perused the record. 2. This application under Section 528 BNSS has been filed by the applicant with the following prayer: "It is therefore most respectfully prayed that this Hon'ble court may graciously be pleased to allow this application and quash the cognizance/ summoning order dated 21.01.2026 passed by Learned Additional Chief Judicial magistrate Court No.5 Bareilly along-with quash the proceeding of Case No. 1695 of 2026, arising out of Case Crime No.364 of 2025, Under Section 85, 115(2), 352,351(2),117(2), 118(1) B.N.S as well as Charge Sheet No. 448 of 2025 (Dated 20.12.2025) Police Station Collector Bookganj, District Bareilly (State Vs Rajeev)." 3. After some argument, learned Counsel for the applicant has made a statement at the Bar that he does not want to press other prayers made in the application and states that the applicant is ready to surrender before the Trial Court within three weeks and seek his bail and that his bail application be considered and disposed of in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773. 4. Learned AGA states that he has no objection to the aforesaid prayer made by the Counsel for the applicant for not pressing the other prayers made in the instant application. Versus Counsel for Applicant(s) : Lalit Prakash Gangwar, Yashasvi Shukla Counsel for Opposite Party(s) : G.A. Rajeev .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. In view of the above, in case the applicant appears before the Trial Court within three weeks and applies for bail, his bail application be considered and disposed of in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773 after hearing the parties. 6. Till the aforesaid period of three weeks or till surrender before Court, whichever is earlier, no coercive steps shall be taken against the applicant in the aforesaid case. However, the learned Trial Court shall proceed with the matter against the applicant in accordance with law. 7. With the aforesaid observations, this application under Section 528 BNSS is finally disposed of. September 29, 2026 Vijay NA528 No. 40214 of 2026 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad